R. v. Graham

R. v. Graham Collection Decisions of the Court of Appeal Date 2017-03-24 Neutral citation 2017 ONCA 245 Docket numbers C61875 Judges Feldman, Kathryn N.; van Rensburg, Katherine; Pardu, Gladys I. Subject Criminal Decision Content COURT OF APPEAL FOR ONTARIO CITATION: R. v. Graham, 2017 ONCA 245 DATE: 20170324 DOCKET: C61875 Feldman, van Rensburg and Pardu JJ.A. BETWEEN Her Majesty the Queen Respondent and Christopher Graham Appellant Richard Litkowski, for the appellant Joseph Selvaratnam, for the respondent Heard and released orally: March 17, 2017 On appeal from the sentence imposed on August 21, 2015 by Justice P.A. Hardman of the Ontario Court of Justice. ENDORSEMENT [1] The appellant seeks leave to appeal his sentence of three years following a guilty plea to possession for the purpose of trafficking of two ounces of methamphetamine. Other charges were withdrawn. The guilty plea was given ten days after arrest. As counsel on appeal submitted, it is a very early guilty plea which is entitled to a substantial credit in the sentencing process. See R. v. Mann, 2010 ONCA 342, at para. 21. [2] The appellant was a young man of 29 at the time with a very difficult background from a very young age including sexual abuse by his stepfather and early drug addiction. He has a significant record but with no drug offences. His longest previous sentence was 2-1/2 years. [3] At the guilty plea and sentencing proceeding, Crown counsel asked for a penitentiary term of three years and defence asked for two years. While the sentencing judge indicated that “a great deal of credit” needed to be given for the early guilty plea, she imposed the sentence suggested by the Crown. Nor is there any other indication that credit was actually given for the early plea which not only indicates remorse but saves the system substantial cost. Further, the case law brought before this court confirms that three years is at the high end for this quantity of methamphetamine. [4] In our view, the sentencing judge erred in principle by failing to give any real credit for the early guilty plea in this case. As a result, this court is entitled to impose the sentence that it considers fit in the circumstances. [5] In our view, two years in penitentiary was a fit sentence having regard to not only the early guilty plea but also the appellant’s very difficult background circumstances. We have also been given further information by counsel of the appellant’s progress in the institution, where he has achieved a number of high school equivalency credits. He appears to have done well, which is encouraging with respect to his prospects for rehabilitation. [6] Leave to appeal sentence is therefore granted and the sentence is reduced to two years. “K. Feldman J.A.” “K. van Rensburg J.A.” “G. Pardu J.A.”